A Nairobi court has directed the prosecution to respond to an application challenging the charge sheet against Juja MP George Koimburi Ndung’u and four co-accused persons over allegations of conspiracy to defeat justice.
The accused persons appeared before Magistrate Carolyne Nyanguthi to take plea on charges of conspiracy to defeat justice, contrary to Section 117(c) of the Penal Code.
During the proceedings, the defence strongly opposed the amended charge sheet filed by the Office of the Director of Public Prosecutions (ODPP), arguing that it was defective and should be struck out.
The defence contended that the prosecution had introduced an offence not recognised under the law and that the particulars of the charge failed to disclose any specific act of obstruction of justice.
The lawyers also questioned how the accused persons could have been privy to the contents of a letter allegedly issued by the ODPP.
In challenging the charge sheet, the defence further cited Section 137(d) of the Criminal Procedure Code, which outlines requirements for describing accused persons in a charge sheet.
They argued that the fourth and fifth accused persons, identified as Peter and Juguna alias Njugush, had not been properly described, rendering the charge sheet defective.
The defence consequently urged the court to dismiss or strike out the charge sheet.
However, the prosecution sought more time to respond to the defence application, prompting the court to direct it to file its response before the matter returns to court on October 6.
According to the charge sheet, Koimburi, alongside Cyrus Kieru Muhia, Grace Nduta Wairimu, Peter and Juguna alias Njugush, allegedly conspired to defeat justice on May 25, 2025, in the Mugutha area of Juja Sub-County, Kiambu County.
The prosecution alleges that the five staged the MP’s abduction to prevent his arrest and arraignment at the Kiambu Law Courts over four charges relating to alleged land fraud.
The alleged conspiracy is said to have followed a letter dated May 20, 2025, in which the ODPP reportedly directed that Koimburi be charged.
The court has directed the prosecution to respond to the defence application challenging the validity of the charge sheet, with the matter scheduled for mention on October 6.
